2018 (9) TMI 1321

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.... from passing any fresh assessment order in relation to the assessment year 2011-2012, as the time period fixed for passing the assessment order under Section 144C(13) of the Income Tax Act, 1961, (for short "IT Act") has lapsed. 2. The short facts necessary for disposal of these writ petitions are as follows: The petitioner is a company engaged in the manufacture of modular inverters and power systems. The petitioner is an Assessee under the respondent. They filed the original return of income for the assessment year 2011-2012 on 26.08.2011. The case was selected for scrutiny and a notice under Section 143(2) of the IT Act was issued to the petitioner. The Transfer Pricing Officer passed an order on 30.12.2014, determining the arm&#3....

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....e provision under Section 144C(13) of the IT Act and thus, the petitioner has a remedy, by way of filing statutory appeal before the Income Tax Appellate Tribunal against the same. Thus, the preliminary objection raised by the respondent is against the maintainability of these writ petitions. 4. The learned counsel for the petitioner mainly contended that the Income Tax Appellate Tribunal, while passing the order on 29.07.2016, though remitted the issues back to the Dispute Resolution Panel to pass a speaking order on the disputed issues, which order in effect has set aside the original order of assessment dated 21.01.2016 and therefore, the present impugned proceedings relying upon the said order of the assessment dated 21.01.2016 and c....

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....Tribunal had finally observed, after making elaborate discussion on the issues involved, that it is inclined to remit the issues back to the Dispute Resolution Panel to pass a speaking order on the disputed issues. However, it is also stated that the appeal of the Assessee is partly allowed for statistical purposes. Now, the order of the Tribunal is sought to be interpreted in both ways as stated supra, with regard to status of the order of assessment dated 21.01.2016. In my considered view, it is for the petitioner to approach the Tribunal once again, by challenging the present impugned order, by raising all these contentions, so that the Tribunal will be in a position to clarify the effect of the earlier order passed, while considering....